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Simranjeet Law Associates The Greatest Guide To Advocates in Chandigarh High Court

by Julienne Hutchinson (2018-10-02)

Pertinently, the dispute could be settled with the workers well in time and for that reason payment of bonus was made to the workers on the very next day of deposit of the said amount in the Trust by the assessee. It was said that the right to compensation is implied in entry 36 of List II of the Seventh Schedule and that article 31(2) does not confer the right but merely protects it. As pointed out above, though this view was not accepted by the CIT(A) as well as ITAT, the High Court has found justification in the stand taken by the Assessing Officer.

2: Whether deduction on account of payment of bonus to the employees of the assessee is not eligible under Section 36 of the Act, as it is hit by Section 40A(9) of the Act? The essence of a womans modesty is her sex. Modesty is an attribute associated with female human beings as a class. This happened before the expiry of due date by which such payment is supposed to be made in order to claim deduction under Section 36 of the Act. [2] Hence in the interest of justice it is prayed that this Hon'ble Tribunal may be pleased to call for the records relating to impugned Memo No.

nAggrieved, the Plaintiff filed First Appeal No. In a tradition-bound non-permissive society in India, it would be extremely reluctant to admit that any incident which is likely to reflect upon chastity of a woman had occurred, being conscious of the danger of being ostracized by the society or being looked down by the society. However, since the payment was made from the Trust, the Assessing Officer took the view that as the payment is not made by the assessee to the employees directly in cash, it is not allowable top advocate in Chandigarh view of the provisions of Section 40A(9) of the Act.

[3] Rule 2 (31) Special Rules - Special Rules mean the rules applicable to each service or class or category of a service, which include ad-hoc rules applicable to temporary posts in a service, or class or category, which are not covered by the special rules. Bindra, who appeared for the petitioner, placed reliance on the observations of Holmes C. The culpable intention of the accused is the crux of the matter. In the normal course of human conduct, this unmarried minor girl, would not like to give publicity to the traumatic experience she has undergone and felt terribly embarrassed in relation to the incident to narrate it to her parents and others overpowered by a feeling of shame and her natural inclination would be to avoid talking about it to anyone, lest the family name and honour is brought into controversy.

Ruchika not informing about the incident to the parents under the circumstances that the appellant- accused, who being a very senior police officer of the State, was reasonable and it would not have been an easy decision for her to speak out. As a fact it needs to be noted that in the Assessment Years in question the workers of the assessee had raised a dispute of quantum of bonus which had led to the labour unrest as well. , "that the provisions of the Constitution are not mathematical formulas having their essence in their form; they are organic living institutions transplanted from English soil.

2007 and quash the same in so far as applicants are concerned by declaring the action of the respondents as illegal, bad and arbitrary and further direct the respondents to consider the case of the applicants for promotion to the post of Deputy Executive Engineer by taking into account their initial date of appointment with all consequential benefits and to pass such other order or orders as this Hon'ble Tribunal may deem fit and proper in the circumstances of the case.

Because of this the workers had finally refused to accept the bonus offered to them. Therefore, giving a due consideration to the appellant- accused, once the victim and her family members got assurance of justice from the superior authorities, they lodged a formal complaint against the appellant-accused. in Communica- tions Assns. best advocate in Chandigarh the instant case, the victim-Ms. 2003, the entire decree amount was deposited before the High Court During the pendency of the appeal, on 08.

179/2003 before the High Court of Judicature at Bombay, Panaji Bench, Goa. The reaction of the woman is very relevant, but its absence is not always decisive. Here also we feel that the High Court has gone wrong in relying upon the provisions of Section 40A(9) of the Act Faced with this situation, the assessee had made the payment to the Trust to comply with the requirement of Section 43B of the Act, as the said provision makes it clear that deduction in respect of bonus would be allowed only if actual payment is made.

26) With regard to the delay of about 6 days in presenting the complaint to the SHO, this Court is of the view that the same has been duly explained. Their significance is vital, not formal; it is to be gathered not simply by taking the words and a dictionary, but by considering their origin and the line of their growth", and contended that if the Consti- tution of India was construed in the light of these observa- tions, then despite the express provisions of article 31 (2) it would be found that there is something pervading it which makes the obligation to pay real compensation a necessary incident of the compulsory acquisition of property.

It is a virtue which attaches to a female owing to her sex. After informing the incident to her parents, the follow up action was immediately taken by the residents and the fellow players and a Memorandum containing allegations against the appellant-accused was prepared and submitted before the then Secretary (Home).